In ABLAPL No. 20362 of 2016, the learned Single Judge disposed of an application for anticipatory bail. The court directed that the petitioner be released on bail if he surrenders within 15 days and moves for bail.
Relief conditioned on petitioner surrendering within 15 days and moving for bail.
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ABLAPL No. 20362 of 2016
2. 2.1.2017 The petitioner having been implicated in C.T. Case No.471 of 2016 ar
ising out of Bhograi P.S. Case No.144 of 2016 registered for alleged commission of offence un
der section 394 IPC pending in the court of learned J.M.F.C., Jaleswar has filed this appli
cation under Section 438 of the Cr.P.C. for grant of anticipatory bail.
Learned counsel for the petitioner submits that this FIR has been lodg
ed because of prior enmity between the parties and therefore at a later stage, the informant h
as filed an affidavit before the court below stating his no objection in case the case is clos
ed.
Learned Addl. Govt. Advocate opposes the move.
Considering the submission, viewing the nature of accusations and othe
r surrounding circumstances of the case, in the absence of any other impediment, it is directe
d that in the event the petitioner surrenders before the court in seisin of the case within a
period of fifteen days hence and move for his release on bail, he be released on bail on such
terms and conditions as would be deemed just and proper by the said court.
The ABLAPL stands disposed of.
Issue urgent certified copy.
.. D. Da
sh, J.
Aks
1 issue framed by the court
Whether anticipatory bail should be granted in a case arising out of alleged culpable homicide
1 provisions across 1 enactments
The Petitioner
State of Odisha represented by Addl. Govt. Advocate
D. Dash, J.
As recorded by the court registry
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